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Re: [PSUBS-MAILIST] Fair Use




I don't really want to beat a dead horse, but I'm curious exactly which library exemptions you think would allow you to publish work without permission of the owner. All the exemptions under 17USC108 are related to preservation not distribution. In fact 108(i) restricts libraries from making copies of anything other than text, except for audiovisual works related to news. It specifically prohibits libraries from making copies of music, video, pictorials, sculptures and other "visual" works.

Jon


On 5/6/2012 8:44 PM, Marc de Piolenc wrote:
The Wikipedia article is completely compatible with the lawyer Web site that I found my info on, though Wikipedia gives more detail and has that very good section on Common Misconceptions. The site that I used for guidance caters to the publishing industry, and presumably is as good as you can get without, as you say, getting snowed under with individual citations and lawyerish you-know-what.

Of course, Fair Use is not the whole story. I actually rely more heavily on the Library Exemptions because, unlike Fair Use, they are spelled out in the statute rather than serving as rough guidelines for building case law. They do, of course, have problems of their own (they're written by politician, after all), like the absence of a definition for the term "fair price."

The simple fact is that, because of constant government meddling, copyright is in everybody's face, every day, so there have to be rules of thumb or there is paralysis. My rules of thumb have worked for me in my documents business for just under thirty years. Good enough for me.

Marc




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